The Utah Bureau of Criminal Identification (BCI) administers the state’s background check system, ensuring all firearm transactions meet state and federal laws. The BCI processes all background checks, using federal databases to evaluate the eligibility of potential firearm buyers. This system is designed to prevent a prohibited person with disqualifying factors, like a criminal history or mental health record, from owning firearms or engaging in a straw purchase. The goal is to enhance public safety and promote responsible gun ownership throughout the United States.
Utah – A POC State for NICS
As a Point of Contact (POC) state for the National Instant Criminal Background Check System (NICS), the BCI is responsible for conducting background screenings on potential buyers. This means that instead of firearm dealers contacting the FBI directly for NICS checks, they work through the BCI.
- Initiating the Check: Licensed dealers contact the BCI to initiate the background check process. This is done after the buyer provides the necessary personal information for the application.
- Data Verification: The BCI thoroughly checks the buyer’s data and identifies any issues that would legally prohibit them from ownership.
- Decision and Communication: The BCI reviews the information and decides whether the individual is eligible to purchase. The gun sale can only proceed if approval is granted.
What’s Collected in the Background Check Process?
Detailed information is collected to ensure comprehensive background screenings for firearm purchases. This process helps maintain public safety and ensures that no restricted person is able to purchase from a licensed gun dealer.
- Personal information, including full name, date of birth, driver’s license, government-issued photo ID, or social security number
- Any criminal records such as felony convictions, domestic violence convictions, or restraining orders
- Any mental health records
- History of substance abuse
By thoroughly analyzing this information, the BCI ensures that only law-abiding citizens can purchase firearms, which upholds the legal standards set by Utah law.
Appeals Process
When an individual is denied the ability to purchase a firearm, they can appeal the decision through the BCI:
- Initiate the Appeal: Applicants obtain the Appeals Form from the FFL dealer or the BCI website. The form must be completed accurately, and they must get a fingerprint card from a state law enforcement officer.
- Submission: The next step is mailing the Appeals Form and the fingerprint authorization form to the BCI within 60 days of the initial denial notice.
- Review Process: The BCI re-examines the provided records and information and determines whether the initial denial should be overturned.
- Final Decision: If the appeal is successful, the denial will be overturned and the gun purchase can proceed.
The appeals process ensures that individuals have a fair opportunity to challenge their denial and verify the accuracy of the background check.
Frequently Asked Questions
Most background checks are processed within 2-3 minutes. Certain cases may require additional time to make sure all necessary checks are completed in detail. There is no waiting period for Utah checks.
No, concealed carry permit holders are exempt from the federal background check requirement because they have a state permit allowing them to purchase or own firearms.
A criminal history background check is not required for firearm transactions between private sellers.
For purchasers, individuals must be at least 21 years of age and be legal residents of Utah to purchase a gun from a licensed firearm dealer.
For Federal Firearms Licensees (FFLs), they must complete the ATF Form 4473 to engage in a firearm purchase.
An individual can be denied for the following reasons:
- is convicted of a felony
- is the unlawful user of a controlled substance
- has been committed to a mental institution
- is an illegal or unlawful alien in the United States
- cannot prove Utah residency with proper identification
- any domestic violence conviction
- been convicted as a juvenile for an offense that would have been a felony if committed by an adult (within the last 10 years)